[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54430-54431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26259]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-94-057]
Drawbridge Operation Regulations; Plum Island River, MA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating rules governing the
Plum Island Bridge at mile 3.3, over the Plum Island River between
Newburyport and Plum Island, Massachusetts, by requiring advance notice
for openings at all times. This action is being taken because there
have been increasingly fewer requests for bridge openings in recent
years. This will relieve the bridge owner of the unnecessary burden of
having personnel at the bridge at all times.
EFFECTIVE DATE: November 24, 1995.
ADDRESSES: Documents referred to in this preamble are available for
copying and inspection at the First Coast Guard District, Bridge Branch
office located in the Captain John Foster Williams Federal Building,
408 Atlantic Ave., Boston, Massachusetts 02110-3350, room 628, between
6:30 a.m. and 3 p.m., Monday through Friday, except federal holidays.
The telephone number is (617) 223-8364.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Manager, Bridge Branch, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal persons involved in drafting
this final rule are Mr. John W. McDonald, Project Officer, Bridge
Branch, and Lieutenant Commander Samuel R. Watkins, Project Counsel,
District Legal Office.
Regulatory History
On December 12, 1994, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulations; Plum
Island River, Massachusetts'' in the Federal Register (59 FR 63943).
The Coast Guard received no letters commenting on the notice of
proposed rulemaking. No public hearing was requested, and none was
held.
Background and Purpose
The Plum Island Bridge over the Plum Island River between
Newburyport and Plum Island, Massachusetts has a vertical clearance of
13' above mean high water (MHW) and 21' above mean low water (MLW).
This final rule will permit the bridge to open on signal April 1 to
November 30, 5 a.m. to 9 p.m., if at least one hour advance notice is
given. At all other times the draw will open on signal if at least
three hours advance notice is given.
There has been a decrease in requests for bridge openings during
the last several years at the Plum Island Bridge. As a result of this
decreasing demand for bridge openings, the Massachusetts Highway
Department asked the Coast Guard to change the operating rules to allow
the bridge to operate on advance notice at all times.
Discussion of Comments and Changes
The Coast Guard received no comments on the notice of proposed
rulemaking. Therefore, no changes to the proposed rule were made.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
final rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This conclusion is based on the fact that the regulation
will not prevent mariners
[[Page 54431]]
from passing through the Plum Island Bridge, but will only require
mariners to plan their transits.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because of the reasons discussed in
the Regulatory Evaluation above, the Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.615 is revised to read as follows:
Sec. 117.615 Plum Island River.
The draw of the Plum Island Turnpike Bridge, mile 3.3 between
Newburyport and Plum Island, shall operate as follows:
(a) From April 1 through November 30, 5 a.m. to 9 p.m., the draw
shall open on signal if at least one hour advance notice is given by
calling the number posted at the bridge. At all other times the draw
shall open on signal if at least three hours advance notice is given.
(b) The owners of this bridge shall provide and keep in good
legible condition, clearance gauges for each draw with figures not less
than twelve (12) inches high, designed, installed and maintained
according to the provisions of Sec. 118.160 of this chapter.
Dated: July 6, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-26259 Filed 10-23-95; 8:45 am]
BILLING CODE 4910-14-M
